Abilene Daily Reporter (Abilene, Tex.), Vol. 13, No. 208, Ed. 1 Friday, April 2, 1909 Page: 1 of 10
This newspaper is part of the collection entitled: Texas Digital Newspaper Program and was provided to The Portal to Texas History by the Abilene Public Library.
- Highlighting
- Highlighting On/Off
- Color:
- Adjust Image
- Rotate Left
- Rotate Right
- Brightness, Contrast, etc. (Experimental)
- Cropping Tool
- Download Sizes
- Preview all sizes/dimensions or...
- Download Thumbnail
- Download Small
- Download Medium
- Download Large
- High Resolution Files
- IIIF Image JSON
- IIIF Image URL
- Accessibility
- View Extracted Text
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
ABILENE DAILY REPORTER
AHILENE XINKKAJ
WATKK
At
JOK'S
jKnndy
Kitclicn
J0K8
KINDT KITCHEN
VOLUME XIII
ADILEKE TEXAS FHIDAY AP1UL t 1900.
NUMBER SI08.
BARNETT CONCLUDES HIS TESTIMONY
I wmWPT
Ml
m -
0
w
ih
&ft
' LtT
I- -
-
l&
CONFIDENT THAT
BILL WILL PASS
HEPUBLICAX LEADERS FEEL SURE
PAYNE MEASURE WILL BE-
' . COME A LAW
FILLIPINO OFFICIAL PROTESTS
Snys Free Trade Would Proo Tory
Detrimental to tlio Islands and lf-
feet Their Independence Oth-
er Washington. Dings
By Associated PresB.
WASHINGTON April 2. The House
Is the only branch of CongresB In ses-
' sion today the Senate having adjourn-
ed till Monday. There are fifty dr more
znB-hbers who have Indicated their de-
sire to talk on the Payne tariff bill
and it Is anticipated that the time will
be fully taken up with a discussion of
that measure exclusively
Filipino Enters Protest
In the House today Camp DeLeon
resident commissioner from the Phil-
ippines crJtlciBed the proposition for
free trade which the. Payne tariff bill
'seeks to setabllsh in the islands.
DeLeon stated that such a measure
would decrease the revenue of the is-
lands and have such an effect upon
them as to preclude the possibility of
their independence. He said he was
voicing the sentiment of the Filipinos
In protesting against the measure and
pleading for Independence for the is-
lands.
Confident Hill Will Pass
The Republican leaders in the House
made a careful canvass of the mem-
bership today and stated that as a re-
sult they have absolute confidence in
their ability to pass the Payne tariff
bill when it Is placed on its passage
next Wednesday.
Dr. Eliot Declines
Official confirmation was given out
l)y the state department today of the
reported circulation today that Dr.
Eliot declines the tender of the am-
bassadorship to Great Britain. The
state department conslderes the declln
ation final.
ANOTHER' PRINEER CITIZEN
CALLED TO HIS REWARD
At his home at Hambyt at 0 o'clock
this morning the spirit of Sam Jack-
sop who was familiarly called by his
hosts of friends Grandpa or Uncle
Sammle went out to meet the God
who gave it and at 4 o'clock this af-
ternoon the tired worn out body was
consigned to Its last resting place 'In
the Hornby cemetery.
Deceased was among the first set-
tlers in this county and had many
good friends Jn Abilene as well as the
community In which he lived whose
sympathy goes out to the family.
WHEAT MARKET BROKE ALL
RECORDS IN CUICAUO TODAY
By Associated 'Press.
CHICAGO April 2. All former high
market records of this seaaon were
broken today when May options reach
ed a dollar twenty and July reached
one dollar eight and live-eights.
SEVEN HORSES BURNED IN
MYSTERIOUS BARN FIRES
WAXAHACHIE April 2. Seven or
more horses wore burned to death In
two mysterious barn fires here last
night. The barns and horses belonged
to J P. Burk and James Sherrill of
this place. The origin of each fire is
a complete mystery.
" i '
APPOINTMENT WILL HAVE
TO WAIT A WHILE NOW
iernr Says Ho Will Attend To Tho
ther Matters First Tho Gaiuo
Law Unconstitutional
Special to Tho Roportor.
AUSTIN April 2. Gov. Campbell
said today that since ho .had made one
man an offer of tho placo of Railroad
Commissioner and that had been re-
fused he would now attend to other
matters pending before making an-
otbr selection.
Because Campboll refused to sign
a law claiming that it was unconsti-
tutional the game law closing tho sea-
son earlier than at present will be-
come a law without tho signature of
that orocutlvo. Tho Attorney General
rules that the law Is unconstitutional
A rigid Inspection of tho articles of
incorporation of tho Concho San Saba
and Lino Valley railroad capitalized
at 200000 to extend to San Antonio
Is being made by the atornoy general
but tho purpose is withheld
Tho Senate occupied tho session to-
day fixing tho fecB and charges Hov-
ering the court stenographers Fflty
amendments were offered causing con
slderable delay but tlw measure was
finally puaesed making the rate five
cenU per hundred words and charging
nothing extra Sor coplea. A Are In-
surance company bill was Introduced
by Wataou and Hume.
a
DID
SO SPOKE DEFENDANT TOM BARNETT WITHOUT AN
IOTA OF HESITATION ON WITNESS STAND
IN OPEN COURT THIS MORNING.
ALSO DENIED
According to Testimony of Defendant He Stands Innocent of the Awful
Crime Charged Up Against HimState Began Cross-
Examination of Defendant This
Morning at Ten Twenty.
Considering the fact that this morn-
ing's session of the Barnett case was
to be taken up in tho hearing of the
defendant and that sensational de-J
velopments were likely to arise there-
from the attendance at opening of
court was small. A 'shrinkage of men j
spectators WaB noticeable while there
were more ladleB in courtroom this '
morning than at any time In the trail.
As was expected Barnett resumed
the stand facing the queries of coun-
sel for defense.
"Last night you stated Mr. Barnett i
did you not that you returned home I
from Cisco on the 5:20 train (5:14
correct time) Monday afternoon?"
"Yes sir'
"Then what train did you leave Abi-
lene on?"
"On the 10; 25 eastbound train."
"Who met you there at Cisco?"
"Mr. Johnson of Fort Worth."
"In whoso name had you written
the bill of sale from A. C. Sears for
the cattle?"
"In my brothers name; if ho had
used it the firm would have owed us." I
"Who Is us?"
"My Bister and me. I was using her
property. The title both at Clyde and
Abilene stood in my name but it be-
longed to my sister."
"When you got to Cisco where did
Johnson meet you?"
"Ho met me on the train. He came
on the cars and saw me."
"What dl dhe say or do?"
About that Message.
"He Bald he was starting to send
me a message and saw me on tho
train. He had it written out handed
It to me on blank paper. He then went
oast. He bad come from Brownwood.
I think."
"Who sent that message from John-
sen to Barnett at Afillene?" '
"I did!1"
"For what purpose?"
"So my brother would hold the cat-
tle. I copied the message because the
Western Union will not take them un-
less they are copied."
"Is your brothor in a habit of re-
ceiving your messages?"
"He Is."
"After you got back I helleve you
stated last night that your brother
met you and you went to the slaugh-
ter pen with a can of oil."
"Yes."
Where ho was Monday Night.
"Now tell the Jury what you did on
Monday night from the time you left
the stockpen until tho Are."
"I went home at dark on the bay
horse known as tho Burns horse the
one that was burned up. I stayed at
homo a short while then drove in my
buggy to tho feed pens to seo If the
cattle were quiet. I Btayed there only
a few minutes wont to Magee's drug
Btoro and to Joe's Knndy Kitchen for
tobacco I then wont to tho Western
Union office on the samp Btreet and
in the same block and asked if they
had received a message for Tom Bar-
nott. I got tho message signed for it
(Shown signaturo and identifies) and
then went homo between nlno and ten
o'clock. I went right to bed and re-
mained at home tho rest of the night.
I was driving the Sears horse. I did
not awoke until called by my mother
and Bister who anid tho barn was on
(Ire. I Jumped out of bed and went
down In my night clothes no hoots
and tried to got the horse out of the
barn by pulling off some boards but I
failed rind tho horse burned up."
Q What then?
A I turned the other horses out of
tho lot. Tho children brought my
pants out to mo and I put them on In
the yard. After tho tiro I lay down
Q What bacame of tho Sears
horse?
A- My son saddled It up and went
out to look for the other horses which
had strayed away
Tuesday. Febraary 9.
"Which brings ua to the morning of
Tuesday" paid counsel for defease.
"What did you d othat morning Mr
NOT KILL ALEX
COMPLICITY
Barnett?"
x' came to town."
Had Not Met Scars.
"You had not seen Alex Sears that
night?"
"No sir."
Harnett Denies Crime.
. "Did you kill him?"
"I did not" replied the witness. In a
calm emotionless voice. Thus fell the
denial f om the lips of Tom JJarnett
of the awful crime charged up to
him.
Q. What did you do that day?
A. I ordered seven cars to ship the
cattle to Fort Worth in. I expected to
accompany them. I did not ship for
afterward sold them to Jerry Dlshman.
He bought 212 head for $18 a round.
Tho balance I took out and put In the
slaughter pen for butchering.
Q. How did Dlshman pay you for
the cattle?
A. By a check.
Q. Payable to Geo'rge.
Q. Who got the proceeds of the
check?.
A. I told the cashier at the First
State Bank & Trust Company to place
the money to my credit.
Q. That was Tuesday? .
A. Ve8 sir.
Q. ' What clothes were you wearing
on Monday.?
A. Some I have at the Jail. I was
wearing boots
Q. Were you wearing tho same
clothes Wednesday?
A. I was.
Here Attorney Hardwlcke called for
the defendant's white hat had it Iden-
tified as tho one he wore when ho
went to Clyde Wednesday on his horse
the Boydstun horse. The witness said
he traveled the Cedar Lytle Elmdale
route east to tho northeast corner of
Young's pasture south- to tho ralli
road and east to Clyde.
"When you got near the school-
house who did you see Mr. Barnett?"
asked counsel for defense.
j "I Baw Young's son. I think It was
Willie1' responded the witness. "Ho
said his brother had been to a party.
I nover knew It before I went by
the school met Mr. Qulllin and Mr.
Moses and met Mud Young on tho
road to Clyde after I passed the
houBe.
"What occurred between you?"
"He asked me whore tho horse I was
riding was Monday night. I said It
wan In my lot. Ho said it answered
to the description of tho one who
drove to tho schoolhouse. Ho asked
me to trot tho horse up tho road. I
did so and returned. He examined
the tracks and said that was tho very
horse that brought tho man to the
school house. That was tho Boyd-
stun horse."
"What occurred as to his boy pro-
bably having been in dangor."
"Willie said if Ray had happened
along there when tho parties brought
the man there tho chances wore that
ho would have been thrown in too. I
said that was true I then went to
Clyde changed hats bought this one
(slpwn the no what) put tho old in
a sack with my saddle and Bent to
Abilene
That Telephone Talk.
"That was tho night you talked with
Claude Sears Mr Barnett?" quired
counsel for defonso.
"Yes sir"
"What wob the conversation?"
Horo the witness stated he was call-
ed In Fred Andorson's butcher shop
over long distance His Btory of tho
conversation with Cloudo SoarB foU
lows;
I said "Hello."
Claude Bald "Hello who Is that?"
I said "Barnett"
He. said "Did you get those cattlp?"
"Yea" was my reply
"Where's Aox?" ho asked.
I responded that I hadn't seen him
"Didn't he come down?"
I again said I bad not aeon Alex
Here counsel Tor nlefenae .asked
witness;
111 BURNING
"Was there If anything said about
you having met tho Monday night
train?"
"No sir."
"I told him" added tho witness
"that I would meet the T & P. west-
bound train due at 8:21 thinking per-
haps he had come through Abilene
had been to Fort Worth and was com-
ing back. I left the market and wont
home. 1 did not meet tho train be-
cause Claudo did Jiot ask mo to."
Lcums of Rumors Afloat.
"When I got home' continued tho
witness '"I learned that I had been
Buspected of burning my ham and
B.atiietri!n rwas said about" the Fish
school house."
"And of. Alex Sears?"
"No sir"
"Did you go any whore?"
"No sir I thought it best to re-
main at homo under tho circumstanc-
es. "Who told you that you had been
implicated?" '
"Mr. Morris."
Here the witness was shown a chqck
payable to his sister in tho sum of
$2071 and some cents which ho Iden-
tified. He stated that that was the
monoy ho owed Ills sister and as
soon as ho heord that ho waB implica-
ted wrote It out and put it in tha ma-
chine drawer. He forgot to mention
the matter to her.
"Later on what happened?"
"I was c-rreBted."
Denies Burning School house.
"Mr. Barnett.'' said counsel for de-
fense ' there Is some evidence about
a dead body being found In tho Fish
schpolhou3u after tho placo had been
set on tiro and burned. Did you have
anything to do with it?"
"I did not" was tho firm reply.
The court gave a flvo mlnuto re-
cess during which tho Jury was ex-
cluded from tho room. '
Cross Examination Begins.
The crosB examination of Tom Bar-
nett by the Btato was conducted by
Attorney Wagstaff. Ho asked thd
witness questions as to his homo for-
mer residences and first knowledge of
Alex Sears. The witness stated he
mot Sears the last of October in Jones
pasture the next tmo In town. He-
alsp testified as to his trading with
Seara.
"Did Sears ovor soo your Clyde pro-
perty?" wob tho query
"Ho did not."
"You told him of the indebtedness
on tho property boing how much?"
"About four thousand dollars. I told
him X would tradO for stock or land.
I can't remember whother I told him
I would" pay off tho first two notes."
Proposition Made.
Upon bqlng asked when tho ilret
proposition was made by Sears Bar-
tfott stated that it waB whllo ho and
Alex Sears wore seated In the buggy
the morning of January fifth while on
their way to tho paBturo to look ovor
tho cattle.
"How many cattle did Sears say ho
would hnvo to sell you7"
"He said ho would havo Bomothlng
like three hundred and fifty hoad In-
cluding calves."
"Did you nsk him to tradq you a
horse?"
"Yea I said I would like to get
that black horse he called Luke."
"Had you ever soon the horse bo
fore?"
"Yea. Several times."
"Was anything further said ubout
the cattle thon?"-
"Yes. Sears said that ho did not
yet hnvo all of the cattle In."
"When' was tho Until proposition
made?"
"It wob made later on that same
day."
"Then the first proposition Sears
mado you waa not the final one?"
"No." l
"Where were you and Alex Seara
I when the final proposition waa made?'
"wo were still in the came buggy
SEARS !
OF
and returning fioni tho pasture"
"What time was that."?
"Late In tho aftornoon"
"Had you boon out at tho paBturo
all day looking ovor tii6 cattle?"
"Yes In looking ovor the. cattle
and hunting together."
4Just what cattle Wore mentioned
in tho deal?"
"Sears said that ho would havO
tlueo hundred cows ilfty calves and
ahout one hundred hogs to let mo
have."
"At what prices?"
'U was to give him $22.50 per head
for tho cows $10.00 per head for tho
calves and $700.00 ' for tho entire
bunch of hogs."
Consideration of TradO
"What were you going to give Soars
for the cattle?"
"I was to give him my Clyde proper-
ty and Abileno proporty and one- j
thousand dollars"
"Was anything said about noted
against olther piece of proporty?
"Yes. Senrs told mo ho wanted mo
to take up nil notes against the prop-
erty which would bocomei duo by thi
first day of January 1900."
"What notes were duo by that time?'
"One for one hundred and ninety
dollars was duo on tho first of Nov-
ember and an o th or for two hundred
and fifty dollars was duo on tho first
of January. Tho latter note had a sov
enty-flvo dollar credit on it."
"Then how much wob left for Scars
to aBBumo on tho two plocoa of prop-
orty? "1200 on tho Clyde proporty and
$3700 on the Abileno property with
the Interest which had accured"
"Now then Mr. Barnett as a tnqt-
tor of fact would jiot tho Interest at-
tached to those two plocoa of propor-
ty when added to their Indebtedness
on them amount to flvo thousand dol-
lars in all?"
After thinking several minutes de-
fendant rqplled that ho was not posi-
tivo but believed not.
Proposition Accepted.
"Mr. Barnett" continued attorney
Wugstaff "now Just toll us exactly
when tho final proposition was ac-
cepted by you."
"I went homo to consult with my
jicaple about the matter and told
Seais thrit It I accoptcd tho proposi-
tion ho had mado I would let hlro
know about it later."
No One Present.
"Was anyone presont when you and
Mr. 8ears mado tho contract?"
. "No"
"As a matter of act was anyone
ove.r present at any tlmo when you
and Mr Seals were talking ovor your
trado?"
"N Wo wore always alone."
Time of Trade.
"What date wob this when you were
at Mr. Sears place"?
""Thurpday I think"
-"Then the next day was tho llrst of
January?"
"Yes."
"And what liny WTiuld thai male the
second of January?"
"Saturday."
"When did you return homo from
tho Senrs placo?"
"On tho night of tho thlrty-llrst."
"Did you boo or tulk to Alex Seara
any right uftor that.?"
"Ych On tho first I called him up
over the phono I put in a call for
Alex Seara but Claude Sears answered
and asked If ho would not do as Alex
wns not there."
"What did you Bay to Claudo?"
"I told him ho would do and for
him to tell Alex that I would accept
the proposition."
Went After Papers.
"Whore did you next go.?"
"1 went to Clyde after tho doeda to
the Clyde proporty. They were kept
In the Clyde bank. I had the ab-
stracts to the Clyde proporty then and
that game day got the abstracts to tha
(Continued on page 4)
MILD
T
TO SAN AN6EL0
WILL COMPLETE LINE SOUTH
FROM SWEETWATER WITHOUT
ANY FURTHER DELAY
8.200 TONS STEEL ORDERED
Will Uesuine Work Next Week Sor-
onry.Scw'n Miles to Build Shor-
ten Greatly (lie DIstmico Io
Kansas City
By Associated Press.
KANSAS CITY April 2. Orders Tor
eighty-two hundred tons of new steel
have been given by" the Kansas City
Mexico nmlN Orient railroad Thoso
rails Will tin llHPll In rnimtnint hn
Ltrack to emmect San Angelo and
swoQtwator a instance of 77 mlleB.
The work on this part of tho track
wnicu was suspended several months
ago. will ho resumed early next week
and Pushed to r.mnnlrMnn nu cnnMlu-
ns possible. The completion of this
pun oi me ronu win uring San Angelo
In direct connection with Kansas -City
111(1 Rlinrfnn tint tliutntir.it niinmvim.u
by two hundred miles.
CAMERON LADY HAS QUITE
A LENUT1IY COflNOMEN NOW
Special to Tho Roportor.
CAMERON. Aurll a Tim ... I ...
of Mrs. Belle Robles this morning to
.a. r. urny ot wuuamson county ro-
Isults In tho following cognomen for
the lady: Mrs. Bollo Blackwell-PrultU
Wlmtfiam-rtobles-Ornhnm-Brumuy. It
is nur lourtn mnrriago in Ilvo years
and tho sixth marrlago in twonty-
tnroo years.
HOUSTOy.SLCUUES ONE OP
DESTWATTEKS IX LEAGL'B
Spoclnl to The Hoportor.
HOUSTON Alirll 2 Oil Mm rm.nm'
mendatlon of Grum of tho 8t. Louis
urowns Manager llobertaou of tho
Houston tonm today wired lioor Price
to sign as an atitfleldor here" IVIco m
ono of tho best batters of Ohio and
Pennsylvania leagues and last year lio
played with tho Buffaloes.
Abilono Texas April 2 1909.
Tlin Pnlinrta rPn1nnlwtnl n.l TnlnnlA
Company again calls yoil attention to
uiu Hid uiai ing vnuto una toiopnoao
to you IncronscB tumironVMon tewnho
number of local BiiuVcrllAru iur mn
roach from your telfchoi. Jko now
nave nearly nlno hufdredyeiophoncs
in actum use in AlenpXlYou ncj
tho tolenlioiiivthftt llaaro tho h
majorItyr Alflfeno Bplo.
preTlared
wardrlth our improvement
in turw teiephoi
berAvQ havo thf 1110801(111 lone dis-
tarlo servlco InitVbf AMTcno south.
north 411(1 wethd ejpect In a short
tlmo' to ooinluto ufgotlatloim now
ponding forAoW dJTtnnce cornier cir
cuits to Di(aH vmt Worth and other
eastern points.
Call us whevou want thn ninst pf-
flclcnt service In West Toxan.
ROBERTS TELEPHONE CO.
Zeppelin Starts Hack
DINOOLFlNa GERMANY April 2.
Tho Zoppolln nlrBhip which spent
last night in an opon field noar this
place reascended today and started on
Its Journnoy to Munich. Count Zop-
pollu hud a fonrful flight of cloven
days from Munich to this placo hav-
ing been carried helplessly on tho
wings of a torrlulc utorm
WILL ELLIOTT AND STERN
TRY THEIR LUCK TONIGHT
Wrestling (lame Iterlved In Abllcae
and Patrons Will Try to Make
the Sport Popular.
Tonight at 8:45 In the Opein house.
Will bo tho occasion of tho second
wrestling match In Abilene. Oiie of
tho participants Is an almost stranger
hij.ro. but tho other Is Elliott whoso
great showing against Chicago San-
doy won him a host of friends among
patrons of the sport.
Both men It s stated tiro fit for the
fray especially Elliott who Is burn
lug for u chance to muko good after
his defeat at tho liandu of tho cham-
pion Stern Is an old head an expe-
rienced man who has performed on
the mat In many start's. At ono time
ho worked out with Young Corbett
while tho latter was lightweight
champion pugilist and ha Is no novice
at tho art of wrestling or boxing
The men will weigh In at 15
pounds.thouvh possibly Stern will go
few pounds ovor. Catch aa catch can
rules will prevail strangle hold bar-
red best two of three falls. Two refV
eroes will officiate and It la ptatett
that tho bout will be pulled off In an
entirely clean and gentlemanly manner.
URiEN
HO
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Newspaper.
Abilene Daily Reporter (Abilene, Tex.), Vol. 13, No. 208, Ed. 1 Friday, April 2, 1909, newspaper, April 2, 1909; Abilene, Texas. (https://texashistory.unt.edu/ark:/67531/metapth315539/m1/1/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Abilene Public Library.